Britton Law, P.A.
Free Consultation For Injury Cases
Due to precautions related to COVID-19, remote consultations via teleconferencing, Facetime or Skype are available. Please contact our office to discuss if this option is appropriate for your situation. Let’s all stay healthy and safe.

Laws to prevent drowsy driving still on hold in trucking industry

Earlier this year on our Fayetteville, North Carolina, personal injury law blog, we discussed one woman's fight to raise awareness of the need for stricter state and federal laws governing the trucking industry.

In particular, the woman and other safety advocates called for laws that would help to reduce the number of truck drivers who hit the roads while drowsy. The North Carolina woman experienced the consequences of driver fatigue first-hand. Her husband was killed in a truck accident last year after a truck driver fell asleep while on the road and crashed into the car the woman's husband was driving.

Last month, it appeared that the Federal Motor Carrier Safety Administration was close to proposing new laws that would have required overweight truck drivers in the U.S. to be tested for sleep apnea. Sleep apnea is likely to lead to chronic fatigue because people with the condition do not rest well. That lack of energy could lead to performance and safety problems on the road. However, the FMCSA later reported that it has not yet made any decisions to enforce the proposed guidelines.

While the FMCSA has not made any commitments to enforce new regulations that could help to prevent drowsing driving in the trucking industry, it did report that it has not completely abandoned the regulations that have been recommended by two of its advisory panels. The agency said that it is still reviewing the recommendations.

The proposed guidelines are designed to provide additional criteria for the immediate disqualification of a truck driver, a step that is likely to reduce the number of drowsy-driving truck accidents on our state's and nation's roads. The recommendations include removing any driver from his or her job who falls asleep while driving or experiences a fatigue-related crash. That person would also be required to undergo medical assessment for sleep apnea.

Additionally, the guidelines would make it mandatory for any commercial truck driver with a body mass index of 35 or higher to be screened for sleep apnea because the condition is linked to obesity, according to medical professionals.

Source: Truckinginfo, "FMCSA Proposes Guidance for Sleep Apnea," Oliver B. Patton, April 20, 2012

No Comments

Leave a comment
Comment Information

Send Us An Email. We’ll Listen.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Britton Law, P.A.
2850 Village Drive, Suite 206
Fayetteville, NC 28304

Toll Free: 888-811-9738
Phone: 910-401-3356
Fayetteville Law Office Map

Britton Law, P.A. Office

Call Our Law Firm:

910-401-3356 ~or~ 888-811-9738
Laws to prevent drowsy driving still on hold in trucking industry | Britton Law, P.A.